House Bill 8355/S. 2447 allows those with past convictions for crimes involving the possession of less than one ounce of cannabis to petition the court to seek an order of expungement. It states, “[W]here the court has determined that all conditions of the original criminal sentence have been completed, … the court [will] order the expungement without cost to the petitioner.” The law took effect upon passage.

“If an act has been decriminalized since a person was charged and paid their price for it, that person shouldn’t have to keep paying the price in the form of being denied jobs and other opportunities because of their criminal record,” bill sponsor Sen. Harold Metts said in a statement. “Let them move on, and they can better support themselves and their families and contribute to our communities and our state.”

Delaware lawmakers passed similar legislation this month permitting the expungement of marijuana-related offenses that have since been decriminalized. That bill is awaiting action from the Governor. Maryland enacted a similar law in 2017.

Both Massachusetts and Oregon have enacted legislation vacating the convictions of marijuana-related crimes that are now defined as legal under state law. In California, where voters elected to legalize the adult use of marijuana in 2016, District Attorneys in various cities and counties – including San Francisco and San Diego – are automatically reviewing and dismissing thousands of past marijuana-related convictions.

Legislation to significantly expand patients’ access to medical cannabis will become law later this fall following a decision today by Maine lawmakers to override the Governor’s veto.

By a vote of 119 to 23 in the House and 25 to 8 in the Senate, lawmakers rejected Gov. Paul LePage’s veto of LD 1539. The bill will become law 90 days after the conclusion of the 2018 legislative session.

Under the new law, physicians will possess the discretion to recommend cannabis for any patient for whom they believe it will benefit. It also expands the total number of licensed medical dispensaries from eight to 14, earmarks funding for medical marijuana research, permits caregivers to oversee multiple patients, and licenses marijuana extraction facilities, among other changes.

An estimated 42,000 patients are currently certified with the state to use medical marijuana.

Republican Gov. Paul LePage has a long history of opposing virtually all marijuana law reform legislation, and has previously vetoed numerous bills seeking to liberalize the state’s cannabis policies.

Proponents of a statewide ballot initiative to legalize the adult use of marijuana in North Dakota turned in nearly 19,000 signatures to the Secretary of State’s office today in an effort to place the measure before voters this November. State officials must certify 13,452 signatures in order to qualify the measure for the 2018 electoral ballot.

The voter-initiated measure, organized by the grass-roots group Legalize North Dakota, legalizes the possession, use, and sale of cannabis, as well as the possession of marijuana paraphernalia, by those over the age of 21 and also expunges past marijuana convictions.

In 2016, nearly two-thirds of state voters approved a ballot measure regulating medical cannabis access. However, state officials have yet to make the program operational — with regulators now aiming to have licensed dispensaries up and running by June 2019. Regulators’ failure to swiftly implement the 2016 measure was the impetus for the 2018 campaign, activists have acknowledged.

State officials are anticipated to take an estimated 35 days to verify proponents’ signatures. According to internal polling data commissioned by the Legalize North Dakota campaign, a plurality of voters back the measure.

Voters in Michigan will also be deciding this November on whether to legalize the adult use of marijuana, while voters in Utah and Missouri will be deciding on medical access measures.

At the state level, Vermont’s law legalizing marijuana possession and home cultivation took effect on July 1, and so did Georgia’s law allowing low-THC medical cannabis preparations for PTSD and intractable pain. New Jersey Gov. Phil Murphy (D) said that although marijuana legalization didn’t make it into the state’s budget deal, there is agreement from lawmakers to get it done “sooner rather than later.” The Senate president said that legislators are “committed” to passing marijuana legalization this summer.

At a more local level, the Rock County, Wisconsin Board voted to place a marijuana legalization advisory question on the November ballot. The Forest Park, Georgia City Council voted 3-2 for decriminalization and a Savannah, Georgia law allowing police to avoid low-level marijuana arrests took effect on Sunday.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: The House Judiciary & Government Operations Committee recommended the passage of SB 20-62 on 7/2.

The measure would allow individuals to file a petition with the court requesting the expungement of any past marijuana possession violations that are no longer defined as a crime under state law. The bill was already passed by the Senate last month.

Update: on 7/2, SB 197 was unanimously approved by the House. The bill now awaits action from Governor John Carney (D).

Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: On 7/2, SB 829 was approved by the Assembly Committee on Revenue and Taxation by a vote of 8-1, and was re-referred to the Committee on Appropriations.

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on campus to administer medical cannabis to them in non-smoking and non-vaping forms.

Update: SB 1127 was heard by the Judiciary Committee on 7/3, and then approved by the Committee by a 7-3 vote.

The US Senate has been busy this week talking about marijuana policy. Senate Minority Leader Chuck Schumer (D-NY), along with Senators Bernie Sanders, Tim Kaine (D-VA), and Tammy Duckworth (D-IL), just introduced legislation called the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

The full Senate voted to legalize hemp as part of the Farm Bill by a 86-11 vote. The Senate also earlier this week approved a funding bill that contains a provision allowing Department of Veterans Affairs doctors to recommend medical cannabis to military veterans.

At the state level, Oklahoma became the 31st state to legalize medical marijuana, after voters decided to enact State Question 788, that permits doctors to use their discretion to recommend medical cannabis to any patients who will benefit from it. But Gov. Mary Fallin (R) issued a statement shortly after the result was called indicating that she plans to work with lawmakers to scale back the measure.

A majority of the Delaware House of Representatives voted to approve a marijuana legalization bill, but it did not get the 60% supermajority support needed to advance the bill to the Senate, killing it for the year.

Massachusetts regulators approved an equity plan to ensure participation in the marijuana industry by communities that have been targeted by the war on drugs. They also voted to prioritize consideration of cannabis testing lab license applications.

Hawaii Gov. David Ige (D) said he will veto a bill to allow medical cannabis to treat opioid addiction, substance use and withdrawal symptoms. On the other hand, Pennsylvania Gov. Tom Wolf (D) signed a bill approving a medical cannabis research program.

At a more local level, Sacramento County, California’s district attorney has been moving to dismiss old marijuana convictions, Jacksonville, Arkansas police will no longer arrest people for possessing small amounts of marijuana, and Las Vegas, Nevada officials are considering allowing marijuana consumption lounges.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: The Board of Education wants SB 20-62 amended to ban cannabis on campuses and from public school system buildings and to exempt the agency from discriminating against employees who consume marijuana.

A. 9016 and S. 7564 seek to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

Update: The Republican Caucus pushed A. 9016/S. 7564 off the table and merged it with A. 11011b / S. 8987a which passed both chambers of the legislature on 6/20. The bills now await action from Governor Cuomo.

Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: AB 1793 was heard by the Senate Public Safety Committee on 6/26, and then approved by a 5-1 vote. The bill now awaits action in the Appropriations Committee.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the Assembly Committee on Revenue and Taxation by a vote of 8-1, and was re-referred to the Committee on Appropriations.

Senate Bill 1127 will help students with severe medical disabilities attend school by allowing a parent or guardian to come on campus to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate last month.